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(영문) 의정부지방법원 2020.10.22 2020노1929
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of the grounds for appeal and the sentencing thereof (one year in prison);

2. In light of the judgment, even though the defendant was punished for drinking and driving without a license on several occasions and left the scene without any measures after causing an accident, the fact that the court below did not consistently reflect the fact that the defendant did not have any serious reflective behavior, etc., which is disadvantageous to the defendant.

However, in light of the circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, family relationship, motive and method of the crime, details and method of the crime, circumstances after the crime, etc., the court below's punishment is deemed unreasonable.

Therefore, the defendant's assertion of unfair sentencing is accepted.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following is ruled again.

[Reasons for the Judgment of the court below] The facts constituting a crime and the summary of evidence recognized by the court below are as stated in the corresponding column of the judgment of the court below, except for the deletion of “each video of CD” in the summary of evidence.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime by applicable law;

1. Article 40 and Article 50 of the Criminal Act concerning the suspension of the execution of imprisonment with prison labor selected by the court for the above-mentioned concurrent crimes;

1. Taking into account various circumstances, such as the burden of litigation costs under Article 62-2 of the Criminal Act on probation, community service and order to attend a lecture, prior to the sentencing of Articles 191 and 186(1) of the Criminal Procedure Act.

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